R v Campbell - [2021] NSWDC 43

District Court

New South Wales

Medium Neutral Citation: R v Campbell [2021] NSWDC 43
Hearing dates: 27 January 2021
Date of orders: 27 January 2021
Decision date: 27 January 2021
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
The offender is convicted
Taking into account matters on Forms , the offender is sentenced to an aggregate term of imprisonment of 5 years and 6 months
There is to be a non-parole period 4 years
Note all s.166 matters contained in Forms 1.

Catchwords:
CRIMINAL LAW – Sentence – Armed robbery – Assault with intent to commit serious indictable offence – In company – On Conditional liberty at time of offending – Carry in conveyance without consent of owner – Admissions – Forms 1 – Vulnerable victims – Offender had dysfunctional upbringing.

Legislation Cited:
Crimes Act,
Crimes (Sentencing Procedure) Act.

Cases Cited:
Bugmy v The Queen [2013] HCA 37; (2013)249 CLR571
Callahan v The Queen [2006] NSWCCA 58
Muldrock v The Queen, [2011] 244 CLR 120 53
R v Ellis (1986) 6 NSWLR 603
R v Henry (1999) 46 NSWLR 346; (1999) 106 AcrimR 149
R v Jinnette [2012] NSWCCA 217
R v Millwood [2012] NSWCCA 2,
Veen v R (No 2) 1988 164 CLR 465

Category: Sentence
Parties: The Crown
Kenneth James Campbell
Representation:
Counsel:
R El-Choufani – Offender
Solicitors:
Director of Public Prosecutions

File Number(s): 2020/7701; 2020/15757; 2020/15775

Judgment

HIS HONOUR: Kenneth James Campbell is before the Court for sentence in relation to six substantive offences. In relation to Count 1 on the indictment ending in 847.42, I will take into account two further offences on a Form 1. In relation to Count 2 on indictment ending in 848.52, I will take into account an additional three offences on another Form 1 when sentencing him for that matter. In relation to the first two counts on that first indictment, they are each offences of armed robbery in breach of s 97(1) of the Crimes Act, for which is provided a maximum penalty of 20 years’ imprisonment and no standard non-parole period has application. Count 3 is an assault with intent to rob in breach of s 97(1) of the Crimes Act with similar penalties. The first Count on the second indictment is an armed robbery, again in breach of s 97(1) of the Crimes Act with a maximum penalty of 20 years’ imprisonment and no standard non-parole period. Counts 2 and 3 on the second indictment are each offences of aggravated break and enter with intent to commit a serious indictable offence in breach of s 112(2) of the Crimes Act, in relation to each of which is provided a 20-year maximum penalty of imprisonment and a standard non-parole period of five years has application.
It is common ground between the parties that Mr Campbell pleaded guilty to the matters in the Local Court and he has adhered to his pleas of guilty before me today. He also acknowledged his guilt in relation to each…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Campbell

Details

AGLC: R v Campbell [2021] NSWDC 43
Case: [2021] NSWDC 43
Decision Date: 27 January 2021

CaseChat Overview and Summary

The case of R v Campbell was heard in the relevant Australian court. The defendant, Campbell, faced charges stemming from an armed robbery and assault with intent to commit a serious indictable offence, committed in the company of others. Notably, Campbell was on conditional liberty at the time of the offence and carried a weapon without the owner's consent. Campbell made admissions regarding the charges, and the court considered his dysfunctional upbringing as a mitigating factor. The victims of the crime were also deemed vulnerable.

The court was tasked with determining the appropriate sentence for Campbell, taking into account the seriousness of the crimes, the offender's background, and the mitigating factors presented. The court had to balance the need for punishment and deterrence with the possibility of rehabilitation, particularly given Campbell's disadvantaged upbringing. Additionally, the court considered the impact of the crimes on the victims and the need to provide a just outcome for all parties involved.

In reaching its decision, the court carefully weighed the aggravating and mitigating factors. The severity of the crimes, particularly the armed nature and the presence of multiple offenders, were significant aggravating factors. However, the court also recognised Campbell's dysfunctional upbringing and his admissions as mitigating factors. Ultimately, the court determined that an aggregate term of imprisonment of 5 years and 6 months, with a non-parole period of 4 years, was appropriate. The court considered all matters contained in Forms 1, ensuring a comprehensive assessment of the case.

Orders

Orders of the court

The offender is convicted

Taking into account matters on Forms , the offender is sentenced to an aggregate term of imprisonment of 5 years and 6 months

There is to be a non-parole period 4 years

Note all s.166 matters contained in Forms 1.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Campbell [2021] NSWDC 43
Hearing dates:	27 January 2021
Date of orders:	27 January 2021
Decision date:	27 January 2021
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	The offender is convicted Taking into account matters on Forms , the offender is sentenced to an aggregate term of imprisonment of 5 years and 6 months There is to be a non-parole period 4 years Note all s.166 matters contained in Forms 1.
Catchwords:	CRIMINAL LAW – Sentence – Armed robbery – Assault with intent to commit serious indictable offence – In company – On Conditional liberty at time of offending – Carry in conveyance without consent of owner – Admissions – Forms 1 – Vulnerable victims – Offender had dysfunctional upbringing.
Legislation Cited:	Crimes Act, Crimes (Sentencing Procedure) Act.
Cases Cited:	Bugmy v The Queen [2013] HCA 37; (2013)249 CLR571 Callahan v The Queen [2006] NSWCCA 58 Muldrock v The Queen, [2011] 244 CLR 120 53 R v Ellis (1986) 6 NSWLR 603 R v Henry (1999) 46 NSWLR 346; (1999) 106 AcrimR 149 R v Jinnette [2012] NSWCCA 217 R v Millwood [2012] NSWCCA 2, Veen v R (No 2) 1988 164 CLR 465
Category:	Sentence
Parties:	The Crown Kenneth James Campbell
Representation:	Counsel: R El-Choufani – Offender Solicitors: Director of Public Prosecutions
File Number(s):	2020/7701; 2020/15757; 2020/15775